Fiches Belges
Measure Implementation
Measure possibility

Legal Framework
Applicable Framework

Competent authority
Request/decision
Execute/recognise measure

Accepted Languages
Languages

Execution Deadline
Deadlines

Legal info
Special requirements
Other information

Fiches Belges: Polonia

Audierea experţilor (708)

1. MEASURE IMPLEMENTATION

Polonia

Is this measure possible in your Member State under International Judicial Cooperation?

Yes. According to the Polish penal procedure an expert is heard when he/she gives evidence in oral form or if her/his previously given evidence in written form is incomplete or unclear. The hearing of an expert is conducted according to the procedural provisions concerning the witness, thus the summoned expert shall appear and testify. The suspect, his/her defence counsel, the harmed person and his/her legal counsel are allowed to take part in the hearing of an expert. A person authorized to take part in procedures shall be informed of their time and place. Polish law shall be applied to process procedures carried out at the request of a foreign judicial authority. However, the wish of these authorities to apply a particular mode of proceedings or a particular form while carrying out the procedures shall be satisfied, if this is not contradictory to the basic principles of legal order in Poland. In the case of the request for hearing of an expert the list of questions shall be attached to the request. On the express request the requested judicial authority shall state the date and place of execution of the letters rogatory. Official and interested persons may attend the taking evidence from an expert however their participation requires the consent of the requested authority. According to the Polish internal regulations the requested action – for instance the hearing of an expert - is executed by a prosecutor or by a court.

2. LEGAL FRAMEWORK

Polonia

International legal framework applicable for this measure in your Member State

a/ the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ( with the Additional Protocols ) b/ still valid bilateral agreements between Poland and undermentioned countries: -Austria of 27.02.1978 -Austria of 2.06.2003 - Bulgaria of 4.12.1961 - Cyprus of 14.11.1996 - Czech Republic of 21.12.1987 - Estonia of 27.11.1998 - Finland of 27.05.1980 - Greece of 24.10.1979 - Germany of 17.07.2004 - Hungary of 6.03.1959 - Italy of 28.04.1989 - Lithuania of 26.01.1993 - Luxembourg of 22.01.1934 - Latvia of 23.02.1994 - Slovakia of 25.03.1997 - Sweden of 10.02.1989 c/ the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union with the Protocol of 16.10.2001

3. COMPETENT AUTHORITY TO:

Polonia

* receive the request/decision for judicial cooperation

the Ministry of Justice in Warsaw, the General Prosecutor’s Office in Warsaw, the penal courts and the units of the prosecution service

* execute/recognise the measure (if other than the receiving authority)

the penal courts in the judicial proceedings or the prosecutors in the pre-trial stage

4. ACCEPTED LANGUAGES

Polonia

Accepted languages for the request/decision

The requests and attached documents shall be accompanied by their translation into Polish language or into an official language of the Council of Europe ( according to the reservation with regard the provisions in Article 16 paragraph 2 of the European Convention on Mutual Assistance in Criminal Matters of 20 April 1959 ). The undermentioned bilateral agreements specify the language requirements that requests for mutual assistance have to meet: -Cyprus of 14.11.1996 –Polish or English languages, -Estonia of 27.11.1998- Polish, English or Russian languages, - Finland of 27.05.1980- Polish or English languages, - Germany of 17.07.2004 – Polish language, -Greece of 24.10.1979 –Polish or French languages, -Lithuania of 26.01.1993- Polish, English or Russian languages, -Latvia of 23.02.1994- Polish, English or Russian languages, -Sweden of 10.02.1989-Polish language.

5. EXECUTION DEADLINE

Polonia

Deadlines for the execution of the request/decision (where applicable)

The request for assistance shall be executed as soon as possible and be given priority , especially if marked by the requesting authority as urgent. The requesting authority shall explain the reasons for the deadline. If the request cannot be executed within the time limit set in it, the requested authority shall immediately inform the requesting authority. It will provide information on the new time limit.

6. CONCISE LEGAL PRACTICAL INFORMATION

Polonia

a. Special requirements

If the requesting judicial authority desires expert to give evidence on oath, it shall expressly so request. The oath from an experts may be taken exclusively by the court or an assigned judge.

b. Other useful information

According to the Polish penal procedure the statements of the accused made to the expert or the physician who gave her/him medical aid related the alleged offence may not make up evidence.

Last reviewed on 6 iulie 2016 by Secretariatul RJE

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